Opinion

Continental Energy Associates v. ASEA Brown Boveri, Inc.

  • 192 A.D.2d 467
  • 596 N.Y.S.2d 416
  • 1993 N.Y. App. Div. LEXIS 4342
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 27, 1993
Status
Published
Cited by
4 cases
Authority
More cited than 74.0%

The opinion

—Order, Supreme Court, New York County (Norman C. Ryp, J.), entered February 24, 1992, which insofar as appealed from, denied petitioner’s application to consolidate two arbitration proceedings, unanimously affirmed, with costs.

The IAS Court did not abuse its discretion in denying consolidation of the arbitration proceedings on the ground that such would alter the framework in which the parties agreed to arbitrate their disputes. Although there is a "commonality of context” out of which the two sets of claims arose (County of Sullivan v Edward L. Nezelek, Inc., 42 NY2d 123, 129 ), the arbitration clauses in the parties’ two agreements differ substantially with respect to the procedure for selecting arbitrators and the manner in which the award is to be rendered. To grant consolidation would be to rewrite these *468 provisions (see, Matter of Stewart Tenants Corp. [Diesel Constr. Co.], 16 AD2d 895, 896 ; Matter of Intercontinental Packaging Co. v China Natl. Cereals, Oils & Foodstuffs Import & Export Corp., 159 AD2d 190, 195 ). Concur — Milonas, J. P., Rosenberger, Ross and Kassal, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.